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11.2 EVENTS OF DEFAULT <br />Each of the following shall constitute an Event of Default ("Event of Default") hereunder: <br />A. Material Breach. Failure to perform any obligation under this Agreement which (i) constitutes a <br />significant hazard to the public health safety or welfare or (ii) would impose civil or criminal liability on the <br />City. <br />B. Non-Material Breach. Anon-material Breach of this Agreement shall not constitute an Event of <br />Default if (i) such Breach is subject to liquidated damages; or (ii) such Breach is immediately cured upon <br />notice to the Contractor or; (iii) such Breach is accidental, inadvertent and occasional and not a pattern and <br />practice of this Contractor. <br />C. Misrepresentation. Any representation or disclosure made to the City by the Contractor in <br />connection with or as an inducement to entering into this Agreement or any future amendment to this <br />Agreement which proves to be false or misleading in any material respect as of the time the representation <br />or disclosure is made, whether or not any such representation or disclosure appears as part of this <br />Agreement <br />D. Result of Performance Rev~w. Failure to provide information for the Performance Review and <br />as a result of a Performance Review, as provided in Article 9.$. <br />E. Seizure or Attachment of Equipment There is a seizure or attachment (other than a <br />prejudgment attachment) of, or levy affecting possession on, the operating equipment of the Contractor, <br />including without limit its vehicles, maintenance or office facilities, or any part thereof of such proportion as <br />to impair the Contractor's ability to perform under this Agreement and which cannot be released, banded, <br />or otherwise lifted within forty-eight (4$) hours excluding weekends and Holidays. <br />F. Contractor Debt. The Contractor files a voluntary petition for debt relief under any applicable <br />bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or consents to the <br />appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer <br />of equipment no longer useful to the Contractor or necessary for this Agreement), trustee (other than as <br />security for an obligation under a deed of trust), custodian, sequestrator (or similar official) of the <br />Contractor for a part of the Contractor's operating assets or any substantial part of the Contractor's <br />property, or shall make any general assignment for the benefit of the Contractor's creditors, or shall <br />become insolvent and unable to pay its debts generally as they become due. <br />G. Court Order or Decree. Any court having jurisdiction shall enter a decree or order for relief in <br />respect of the Contractor, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, <br />or similar law now or hereafter in effect, or the Contractor shall consent to or shall fail to oppose any such <br />proceeding, or any such court shall enter a decree or order appointing a receiver, liquidator, assignee, <br />custodian, trustee, sequestrator (or similar official) of the Contractor or for any part of the Contractor's <br />operating equipment or assets, or order the winding up or liquidation of the affairs of the Contractor. <br />J:\wpd\statT~aktn\f'renchisenewZ.wpd 02/01/00 Page 4d of 59 <br />